| 15 | | - | (c-1) Notwithstanding any other law, a dismissal and |
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| 16 | | - | discharge under this article may be used only as described by |
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| 17 | | - | Section 12.42(g)(1), Penal Code, or as otherwise described by this |
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| 18 | | - | article. A dismissal and discharge under this article may not be |
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| 19 | | - | used as grounds for denying a professional license to an individual |
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| 20 | | - | who is otherwise entitled to or qualified for the license. |
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| 12 | + | (c-1) A dismissal and discharge under this article may not |
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| 13 | + | be used as grounds for denying or revoking an individual's |
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| 14 | + | professional or occupational license if the individual is otherwise |
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| 15 | + | entitled to or qualified for the license, unless the offense that is |
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| 16 | + | the subject of the dismissal and discharge: |
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| 17 | + | (1) was an offense: |
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| 18 | + | (A) under Chapter 21 or 43, Penal Code; or |
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| 19 | + | (B) listed in Article 42A.054 or 62.001(5) of |
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| 20 | + | this code; or |
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| 21 | + | (2) relates to the profession or occupation for which |
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| 22 | + | the individual holds or is seeking a license. |
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| 21 | 23 | | (d) For any defendant who receives a dismissal and discharge |
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| 22 | 24 | | under this article, [: |
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| 23 | 25 | | [(1)] on conviction of a subsequent offense, the fact |
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| 24 | 26 | | that the defendant previously has received deferred adjudication |
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| 25 | 27 | | community supervision is admissible before the court or jury for |
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| 26 | 28 | | consideration on the issue of penalty[; |
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| 27 | 29 | | [(2) if the defendant is an applicant for or the holder |
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| 28 | 30 | | of a license under Chapter 42, Human Resources Code, the Department |
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| 29 | 31 | | of Family and Protective Services may consider the fact that the |
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| 30 | 32 | | defendant previously has received deferred adjudication community |
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| 31 | 33 | | supervision in issuing, renewing, denying, or revoking a license |
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| 32 | 34 | | under that chapter; and |
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| 33 | 35 | | [(3) if the defendant is an applicant for or the holder |
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| 34 | 36 | | of a license to provide mental health or medical services for the |
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| 35 | 37 | | rehabilitation of sex offenders, the Council on Sex Offender |
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| 36 | 38 | | Treatment may consider the fact that the defendant previously has |
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| 37 | 39 | | received deferred adjudication community supervision in issuing, |
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| 38 | 40 | | renewing, denying, or revoking a license issued by that council]. |
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| 39 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 42 | | to a defendant placed on deferred adjudication community |
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| 41 | 43 | | supervision for an offense committed on or after the effective date |
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| 42 | 44 | | of this Act. A defendant placed on deferred adjudication community |
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| 43 | 45 | | supervision for an offense committed before the effective date of |
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| 44 | 46 | | this Act is governed by the law in effect on the date the offense was |
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| 45 | 47 | | committed, and the former law is continued in effect for that |
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| 46 | 48 | | purpose. For purposes of this section, an offense was committed |
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| 47 | 49 | | before the effective date of this Act if any element of the offense |
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| 48 | 50 | | was committed before that date. |
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| 49 | 51 | | SECTION 3. This Act takes effect September 1, 2017. |
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